Opinions

Opinions & Orders – January 25, 2023

This morning the Federal Circuit released a precedential opinion in a case appealed from the Court of Federal Claims. In the opinion, the Federal Circuit explains that it vacated the lower court’s decision granting judgment on the administrative record in favor of the government and remanded the case. Late yesterday and this morning, the Federal Circuit also released three nonprecedential orders dismissing appeals. Here is an introduction to the opinion and links to the dismissals.

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Opinions

Opinions & Orders – January 20, 2023

This morning the Federal Circuit released one precedential opinion and two nonprecedential opinions. The precedential opinion comes in a patent case appealed from the Eastern District of Texas. In it, the Federal Circuit affirmed the district court’s determination that a patent is unenforceable based on prosecution laches. Notably, Judge Stark filed a dissenting opinion. The two nonprecedential opinions come in separate patent cases appealed from the Patent Trial and Appeal, both involving the same parties. In each opinion, Judge Lourie filed additional views and Judge Stark filed a concurring opinion, both addressing the argument the Supreme Court overruled the Federal Circuit’s approach to obviousness with respect to design patents. Late yesterday and this morning, the Federal Circuit also released six nonprecedential orders dismissing appeals. Here are the introductions to the opinions and links to the dismissals.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • commentary on the swearing in of new Federal Circuit Judge Tiffany P. Cunningham;
  • discussion of a recent precedential Federal Circuit opinion applying the limitation on patent damages found in 35 U.S.C. § 287(a); and
  • an article discussing the Federal Circuit’s determination that appointments to the Trademark Trial and Appeal Board do not violate the Appointments Clause.
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Opinions

Opinions & Orders – August 24, 2021

This morning the Federal Circuit issued a precedential opinion in a patent case appealed from the U.S. District Court for the Northern District of Texas. Here is the introduction to the opinion.

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